How to File a Medical Malpractice Lawsuit

Medical malpractice suits are complex. There are certain rules that must be followed with a specific time frame during which the suit can be filed.

The claimant also has to prove that the doctor's actions led to injuries and losses. This will require hospital and medical documents.

Complaint

Once your attorney's investigation has revealed evidence that a malpractice occurred, he or she will file a complaint in court, along with a summons. The complaint will identify the defendants in your case, and clearly outlines the allegations that you are making against them.

Malpractice claims are based on the belief that a physician, nurse or other healthcare provider is obligated to a patient a standard of treatment. This is defined as the level of competence and care that a reasonably prudent medical professional trained similarly could exercise in similar situations. Your legal team must demonstrate that your doctor violated this standard and resulted in you suffering quantifiable injury.

The standard of care for a doctor is usually a matter of opinion, and it is difficult to prove. This is why it is important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what an experienced professional in the same situation as your doctor would have done.

It's not just physicians who commit medical errors, hospital staff members, such as nurses and anesthesiologists may be guilty of malpractice. This is particularly true for emergency room staff where mistakes are frequently caused by a hectic atmosphere and overworked workers. Your attorney might be able to obtain testimony from experts in the emergency department that can assist in proving the proper procedure and why your doctor's actions were not up to the standard.

Discovery

In the discovery phase, your attorney will collect and review evidence that may help in proving a malpractice case. This includes medical records, witness statements, malpractice attorney expert testimony and more. This information can be requested by the opposing legal team. This is done by interrogatories or requests for documents. However, certain documents may be privileged or confidential because of privacy laws such as HIPAA and its Privacy Rule.

It is also necessary to prove that your injury was caused by the doctor's negligence. This is the most difficult element of a medical negligence case, as it requires expert testimony to back your claim.

Your lawyer will also depose witnesses that can prove that the doctor was negligent. This can include radiologists, dentists nurses, assistants, nurses and others who were involved in the care of your health. Your attorney will be skilled in taking effective and convincing depositions to get these witnesses to admit that the doctor's negligence was not their fault.

The majority of lawsuits are resolved or settled, before they reach the trial stage. In the case of medical malpractice this is particularly common due to the fact that going to trial can be expensive. After the facts of your case are established, a settlement may be agreed upon between you and the insurance company for the doctor. If a settlement is not reached, the case may go to trial.

Trial

Your attorney will file a complaint following completing the initial investigation. If they conclude that you have a convincing case for malpractice, then they will file it. The complaint will be clear in its allegations and be served on the defendant along with a summons.

Discovery is the next step. This includes the exchange of medical records as well as depositions from witnesses. Your lawyer will make use of these evidences to prove your doctor's violation of the standard of care. The goal is to establish that the error was the result of the negligence of the doctor and resulted in damages.

In addition to the witness's testimony, your medical malpractice attorney will collaborate with two or three expert witnesses to support your claim. They will be provided with medical records and details regarding your case to prepare for their depositions and testimony. They may also help in the preparation of your case for trial.

As part of the preparation for trial your lawyer will start negotiations for settlement with the defense. This process can last for many years. In this time, you are recovering from your injuries and determining the extent of your losses. If possible, it's beneficial for everyone to avoid litigation and settle outside of court. Your lawyer will carefully weigh the advantages of a settlement offer against your present and long-term recovery. If the settlement seems reasonable, your lawyer will encourage you to accept it.

Damages

During the discovery phase, plaintiffs will have to prove that their losses are significant and that negligence on the part of the defendant has contributed to the damages. For example, if the doctor did not inform the patient that the surgery was associated with a 30 percent chance of losing a limb, and the procedure was completed perfectly but the patient lost their arm and the medical professional could be held accountable for negligence.

A victim can also prove that a skilled lawyer could have prevented or minimized their financial loss. This is sometimes called the "but for test". It is also important to prove that the plaintiff has paid for expenses to pursue a legal claim that is higher than the amount demanded in compensation.

Our medical malpractice lawyers are able to explain the various types of damages that can be sustained in a malpractice lawsuit including the past, present and future medical expenses as well as lost income, suffering and pain and suffering, and other non-economic losses. Generally, the more serious the injury, the higher the award. However, a successful verdict can sometimes be overturned when appealed. So, settling out of court may be a beneficial option for a few clients. It can save money as well as time in litigation fees. It also helps avoid the possibility of a jury making a decision based on emotions rather than facts.